Published: Tuesday, December 11, 2012 at 07:57 PM.

PANAMA CITY — State senators want to keep Big Brother in check, and they believe they have the legislation to do it.

State Sen. Joe Negron, R-Stuart, recently filed SB 92 for the 2013 session, titled “Freedom from Unwarranted Surveillance Act,” which calls for substantially restricting drone use by state and local law enforcement.

As filed, the bill explicitly prohibits using unmanned aerial drones, except when the U.S. secretary of Homeland Security determines there is a “high risk” for a terrorist attack. Further, the bill would allow civil lawsuits against law enforcement agencies who misuse drones, and it stipulates incorrectly collected evidence is not admissible in court.

In the past year, drone use has fueled national discussion on privacy and civil liberties, especially as their price has fallen. A Bloomberg report in May said low-end drones can cost between $30,000 and $50,000.

Negron said he filed the bill because safeguarding individual liberties is his “key goal” in the Legislature. He feels perpetual drone surveillance severely undermines privacy.

“Drones are good for killing terrorists in Afghanistan and Pakistan, but I don’t think they should be used to spy on the lawful activities of Floridians,” he said.

PANAMA CITY — State senators want to keep Big Brother in check, and they believe they have the legislation to do it.

State Sen. Joe Negron, R-Stuart, recently filed SB 92 for the 2013 session, titled “Freedom from Unwarranted Surveillance Act,” which calls for substantially restricting drone use by state and local law enforcement.

As filed, the bill explicitly prohibits using unmanned aerial drones, except when the U.S. secretary of Homeland Security determines there is a “high risk” for a terrorist attack. Further, the bill would allow civil lawsuits against law enforcement agencies who misuse drones, and it stipulates incorrectly collected evidence is not admissible in court.

In the past year, drone use has fueled national discussion on privacy and civil liberties, especially as their price has fallen. A Bloomberg report in May said low-end drones can cost between $30,000 and $50,000.

Negron said he filed the bill because safeguarding individual liberties is his “key goal” in the Legislature. He feels perpetual drone surveillance severely undermines privacy.

“Drones are good for killing terrorists in Afghanistan and Pakistan, but I don’t think they should be used to spy on the lawful activities of Floridians,” he said.

Negron said drone surveillance is “Orwellian” and “Big Brother at its worst,” but he said the bill’s terrorism exception is reasonable. He plans to add another exception allowing for drone use with a search warrant.

If law enforcement believes nefarious activity is afoot and it has probable cause, it could get a warrant from a judge for a set amount of time, Negron said.

Senate President Don Gaetz said Tuesday that, in general, he believes it’s a “good bill.”

Gaetz, R-Niceville, said he agrees with Negron on the terrorism exception because the country must take every step to keep it from harm.

“However, the routine use of spying on Americans has no place in our constitutional republic,” he said.

Gaetz said for law enforcement to obtain search warrants it must show probable cause of criminal activity. He paralleled that with drone surveillance.

“I think that anyone would have to carry a very heavy burden to allow overflight of backyards and private homes without a warrant by drones or anything like that,” he said.

He added, “My belief is that warrantless searches of Americans’ private property and their homes by drones or any other means is un-American.”

Evers’ concerns

The bill has been sent to four Senate committees, including the Committee on Criminal Justice, which Sen. Greg Evers, R-Baker, chairs.

Evers said the terrorist attack exception was reasonable, but the search warrant exception must have strict interpretation. He doesn’t want it misconstrued to expand drone use for wide surveillance.

Evers said the Legislature should create guidelines for drone use. He, like Negron, is worried about Big Brother tactics becoming the norm. He would not take a stance on the bill, however, but addressed the broader issue.

“My general idea is there may be certain instances that this would be permissible, but I have some reservations as far as Big Brother watching you,” he said.

Evers said if there’s no criminal activity taking place, the drones should not be zipping around doing reconnaissance. “I think it’s something that needs to be addressed,” he said.

The Bay County Sheriff’s Office, Okaloosa County Sheriff’s Office, Panama City Police Department and Panama City Beach Police Department do not use drones.

PCB Police Chief Drew Whitman said drones could be a valuable asset but must be used correctly and not abused.

Whitman said he does not want the bill to cut off law enforcement tools. Instead of helicopters, he said, drones could monitor spring breakers on the beach or be deployed in hostage situations.

“It’s one tool that would be an asset if used properly,” he said.

But, Whitman said, that Negron’s bill was filed at all indicates abuse likely has taken place already.

In a statement, Okaloosa County Sheriff’s Office’s said drones offer advantages, but the agency understands civil liberty concerns.

“We have not looked at implementing any such program due to the costs and those unresolved issues concerning civil liberties,” said George Collins, OCSO’s Homeland Security Inspector.

BCSO spokeswoman Ruth Corley said the Sheriff’s Office does not anticipate purchasing drones and Sheriff Frank McKeithen is “very satisfied” with its current law enforcement tools.

You can read the proposed legislation: http://www.flsenate.gov/Session/Bill/2013/0092

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